Patna HC Orders Bihar Exam Board to Pay Rs. 50 Lakh Compensation to Candidates Denied NEET 2016 Counselling [Read Judgment]

The Patna High Court, on Thursday, directed the Bihar Combined Entrance Competitive Examination Board (BCECEB) to pay Rs 50 lakh as compensation to three medical undergraduate course aspirants, who were denied MBBS pre-admission counselling, on October 7 last year, against all-India quota Seats.

“The young men and women having opted medicine as career harbour dream in their minds to pursue MBBS course. The competition for admission to MBBS course in Government Medical Colleges is tough and keen. The loss caused to such young men and women by denying them the right which they acquired on the basis of their own performance and merit is gross case of infringement of Articles 14 and 15 of the Constitution of India,” Justice Chakradhari Sharan Singh observed.

The Petitioners had appeared for the eligibility-cum-entrance test (NEET) (UG)-2016, conducted by the Central Board of Secondary Education, the result of which was announced on August 16, 2016. They had qualified for and participated in the counselling and were accordingly allowed admission in BDS Course on the basis of merit.

Thereafter, the controller of examination, BCECEB, issued an advertisement announcing that in keeping with the Supreme Court’s order of October 6, counselling for filling up of balance of 15% all India quota seats would be held on October 7 that year. The Petitioners were, however, denied participation in counselling, stating that they had already accepted a seat in the BDS Course. Further, the authorities insisted on production of their original certifications, even though all their original certificates were taken by the authorities at the time of the previous counselling.

Ruling in favor of the Petitioners, the Court opined that the candidates have suffered an “illegal and unconstitutional denial of their fundamental rights to participate in the counseling”, and directed payment of compensation amount within two months. It directed the BCECEB to pay a compensation of Rs. 20 lakh each to two Petitioners – Manisha Gaurav and Adhishree – and a sum of Rs. 10 lakh to another Petitioner, Dipty Preyasi.

While determining the amount, the Court took into consideration the fact that they were denied an opportunity of getting admitted in a Government Medical College, which it noted, would charge a much lesser fee than a private Medical College.

“It is difficult to quantify, in terms of money, the damage sustained by them in terms of money as a consequence of illegal and unconstitutional acts of the respondents. One has to keep in mind, how coveted the MBBS course is and how difficult it is to get admission to MBBS course in a Government Medical College, which has been casually denied to them by pernicious conduct of the respondents, palpably offending Articles 14 and 15 of the Constitution of India,” Justice Singh observed in this regard. The disparity in the compensation amount was explained by reasoning that the first two Petitioners would have definitely secured a seat, had they been allowed to participate in the counselling.

The Court then went on to rap the MCI for its submissions and observed, “Before I part with the present judgment and order, I must record my strong displeasure over the manner the Medical Council of India has taken plea in the counter affidavit, as has been discussed above. The Court expects the authorities of the Medical Council of India to be careful in future to avoid any serious consequences.”

Read the Judgment Here